Top 10 Counties Shoulder 68 Percent of Kenya’s Legal Cases, Exposing Deep Regional Divides
Nairobi, Kenya - A new analysis of the country's judicial workload reveals a stark concentration of legal battles in just a handful of regions, with the top 10 counties handling 68 percent of all cases filed nationwide. This imbalance highlights how population density, economic hubs, and geographic challenges shape access to justice, straining urban courts while leaving remote areas underserved.
The latest State of Judiciary Annual Report for the 2024/2025 fiscal year details this uneven load, showing Nairobi far ahead as the epicenter of litigation with 222,916 cases registered. Trailing but still significant are Kiambu County at 33,147 filings, Nakuru at 28,078, and Mombasa at 27,012. Rounding out the list are Machakos with 21,168 cases, Kisumu at 19,846, Kakamega with 16,837, Uasin Gishu at 16,707, Meru at 16,314, and Murang'a with 13,065. Together, these areas process the bulk of Kenya's disputes, leaving the remaining 37 counties to manage a mere 32 percent of the national total.
Urbanization and bustling economic activity explain much of this overload in the leading counties. In Nairobi, for instance, civil matters dominate the docket, accounting for 75 percent of cases. These often involve thorny issues like land ownership, property rights, commercial contracts, and family conflicts, fueled by the capital's role as a magnet for business and migration. Comparable patterns emerge in other urban spots: Kisumu sees 61 percent of its cases as civil, while Uasin Gishu matches that figure, reflecting similar pressures from growing populations and commercial disputes.
By contrast, rural and pastoralist regions tilt heavily toward criminal proceedings, influenced by local hardships such as resource scarcity, insecurity, and limited infrastructure. West Pokot stands out with 83 percent of its cases classified as criminal, followed by Elgeyo-Marakwet at 79 percent, and both Turkana and Samburu at 78 percent each. These figures point to underlying issues like livestock theft, communal clashes, and enforcement gaps in areas far from major legal hubs.
At the other extreme, Kenya's most isolated counties barely register on the judicial radar, each logging under 2,000 cases per year. This low volume affects places like Samburu, Wajir, Mandera, Lamu, West Pokot, Marsabit, and Tana River, where small populations combine with poor road networks, cultural barriers, and a lack of nearby courts to deter filings. Many potential cases go unresolved or settle informally, exacerbating inequalities in legal recourse.
Such disparities carry serious consequences for the judiciary's effectiveness and public trust. Overburdened urban courts face backlogs that delay resolutions, erode confidence, and increase costs for litigants. Meanwhile, underutilized rural facilities highlight wasted potential and unaddressed grievances. Experts note that without intervention, these trends could widen the justice gap, particularly for marginalized communities reliant on swift, accessible rulings.
To counter this, the report calls for smarter, region-specific investments in the court system. Urban centers need expanded civil benches, advanced digital tools for faster case tracking, and stronger promotion of mediation to offload routine disputes. Rural outposts, conversely, demand more dedicated criminal courts, additional state prosecutors, and widespread legal aid programs to bridge access hurdles. Mobile courts and community paralegals could further extend reach into hard-to-serve areas.
Overall, the findings urge a shift toward equitable resource planning, ensuring that judicial support matches local realities rather than a one-size-fits-all model. As Kenya pushes for legal reforms, addressing these county-level divides remains key to building a fairer system for all citizens.